Özet:

The legal regulations of each state may be different regarding the effect of marriage on the surname of a man or woman. In some national legal systems, the rule that the wife takes her husband’s surname is accepted and in other national legal system we encounter that people who will marry each other are given the opportunity to determine their family surnames (for example, the relevant parties use the woman’s surname as the family surname). The European Court of Human Rights should decide whether the issues of both the obligation of the wife to use her husband’s surname and the husband’s choice to use his wife’s surname upon marriage and the husband’s inability to use his surname before marriage would constitute a violation of the principles of equal treatment of the parties and non-discrimination against one of the parties. In our study, just decisions regarding private international law will be discussed by limiting the subject of the case. In our study, the decisions of the European Court of Human Rights (ECHR), which evaluated whether the national court decisions given on the effect of spouses having different citizenships on the family surname and the legal regulations on which these court decisions are based, constitute a violation of some rights in the European Convention on Human Rights (ECHR) will be discussed.

Anahtar Kelimeler: